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In re Barnes

Court of Appeal of California, Second District, Division Two
Nov 28, 1932
127 Cal.App. 708 (Cal. Ct. App. 1932)

Opinion

Docket No. 2295.

November 28, 1932.

PROCEEDING in Habeas Corpus to secure the release of petitioner under a conviction on a criminal charge. Writ discharged and petitioner remanded.

The facts are stated in the opinion of the court.

C.B. Conlin and Charles S. McKelvey for Petitioner.

Buron Fitts, District Attorney, and Tracy Chatfield Becker and Frank W. Stafford, Deputies District Attorney, for Respondent.


[1] Petitioner is in custody under an alleged conviction on a criminal charge before a justice of the peace, petitioner's contention being that the docket of the justice fails to show that petitioner had a trial before the judgment of conviction was rendered.

At the oral argument respondent was permitted to file an amended return to the writ, by which it was shown that since the issuance of the writ the justice had corrected the docket to show that a trial actually occurred. Petitioner contends that a justice of the peace may not amend his docket at such a stage. This contention cannot be upheld. (See In re Glavich, 74 Cal.App. 144 [ 239 P. 707].)

The writ is discharged and the petitioner is remanded to custody.

Craig, J., and Thompson (Ira F.), J., concurred.


Summaries of

In re Barnes

Court of Appeal of California, Second District, Division Two
Nov 28, 1932
127 Cal.App. 708 (Cal. Ct. App. 1932)
Case details for

In re Barnes

Case Details

Full title:In the Matter of the Application of CHARLES A. BARNES for a Writ of Habeas…

Court:Court of Appeal of California, Second District, Division Two

Date published: Nov 28, 1932

Citations

127 Cal.App. 708 (Cal. Ct. App. 1932)
16 P.2d 309

Citing Cases

In re Roberts

[2] This inherent power of the court is not suspended by the pendency of an appeal or a habeas corpus…

In re Mize

The clerk's record may be amended to speak the truth. ( In re Barnes, 127 Cal.App. 708 [ 16 P.2d 309]; In re…